The Federal Court of Appeal has dismissed an appeal by Advance Magazine Publishers Inc. with respect to the Federal Court’s earlier finding in Advance Magazine Publishers Inc. v. Farelyco Marketing Inc.  As readers of this blog may recall from our earlier post on this topic, the Federal Court had found no likelihood of confusion between the Farleyco mark GHOULISH GLAMOUR for Halloween cosmetics and eyelash accessories and the Advance mark GLAMOUR used in association with magazines and related products and services.

The Federal Court of Appeal agreed with the finding of the lower court judge that there was “no factual foundation for the proposition that the appellant has expanded the scope of its GLAMOUR mark by having licensed this mark to third parties”, since the third parties were merely using Advance’s GLAMOUR magazine and website to advertise their own products.